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't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
of west virginia, he wants to be a democratic senator, just yesterday, he came out and said tax cuts should be held in place. he joins people like joe lieberman, ben nelson of nebraska, bill nelson of florida, jim webb of virginia, all these are moderate democrats. how do you buck that trend when these people are drib ling out by the day? >> you're exactly right, bill. if the conservative -- the conservative democrats are worried, they understand that what's been driving this conversation for the longest time has been that the white house has not been paying sufficient attention to the economy, that the unemployment numbers remain high, and that most americans are pessimistic about what the future holds, and this is everything from the tax hike to the decifit. but for the moment, what we saw last week was the president going on the offensive and saying where are the ideas, where is the help coming from with republicans and the white house has forced congressman boehner to say he would agree to tax cuts even if it meant the tax cuts for the rich weren't coming through. that as you kno
that will be very interesting to watch as well, we know what happened in virginia and new jersey, and we'll see what happens in the gubernatorial races. bill: also from nevada, speaking of that, a senate majority leader, harry reid is in the fights of his life, facing republican candidates, and, the tea party favorite, sharron angle in that race, and, at this point, a virtual tie, and, most of the polling, the latest rasmussen report, statewide telephone survey, of likely voters, now, does it get any closer? 45-45% each and anita vogel is live from las vegas today, a lot of folks wonder can harry reid survive, he's been on the stump saying, i sure can. what is happening? good morning there. >> reporter: good morning, bill, well, certainly, it is a tight race and about the most watched in the country. and i had a chance to sit down and chat with senator reid about the issue, and he certainly is very vocal in calling his opponent too extreme for nevada when it comes to things like the desire to transition out of social security, and into a more privatized system and also, the desire to reduce certain
they'll have a roundtable at a lumber company, outside of washington here in virginia and they'll have small business owners who sit at the table, the man who owns the lumber yeard, his wife, an attorney and, a salesman and, someone in software development, and here's points we know they'll hit on in the so-called governing document, they'll roll out, job creation, at this top of everybody is a list and republicans will outline what they propose to make it happen and also something they have been fighting for, extending the bush tax cuts, for everyone, across the board, all income levels and, also, something we hear they may include, a 72-hour mandatory reading period, for bills that are put together, have to get posted and members have to have a chance to read them before they get to the floor for a vote, 20 items in all, we'll have details tomorrow morning. martha. martha: three days may not be wrong enough to read the bills we have seen coming through the past year, so, democrats haven't really seen this yet but how -- are they responding to what they have heard so far. >> reporter:
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